montana supreme court access to justice commission large ... · 6/8/2018 · b. december 7, 2018 ....
TRANSCRIPT
Montana Supreme Court
Access to Justice Commission
Large Conference Room, Office of the Court Administrator
301 S. Park, Third Floor, Helena, MT
June 8, 2018 ~ 10am-12:30pm
Agenda
I. Call to Order and Introductions: Justice Baker
a. Approval of 3/9/18 meeting minutes: Justice Baker (Tab 1)
II. ATJC Standing Committee Reports:
a. Law School Partnerships: Debbie Steigerwalt (Tab 2)
III. Legislative update and discussion: Justice Baker (Tab 3)
IV. Harvard Law School Access to Justice Lab report: Judge Pinski (Tab 4)
V. Equal Justice Conference report: Ann Goldes-Sheahan and Alison Paul
VI. Access to Justice Commission Chairs report: Alison Paul
VII. Working group on civil legal issues for DV survivors: Alison Paul
VIII. Incubator Project: Hannah Cail (Tab 5)
IX. ERAMP: Patty Fain
X. Orders of Protection Checklist: Judge Carter and Patty Fain
XI. Strategic Planning: Niki Zupanic
XII. Public Comment and Review 2018 Meeting Dates
a. September 14, 2018
b. December 7, 2018
Tab 1
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Montana Supreme Court Access to Justice Commission March 9, 2018
Large Conference Room, Office of the Court Administrator 301 S. Park, Third Floor, Helena, MT
10:00 AM – 12:00 PM Meeting Minutes
Commissioners Present: Justice Beth Baker, Rep. Kim Dudik (phone), Hon. Leslie Halligan (phone), Rick Cook (phone), Kyle Nelson (phone), Alison Paul, Dean Paul Kirgis (phone), Ed Bartlett, Aimee Grmoljez, Melanie Reynolds, and Charlie Rehbein (phone). Commissioners Absent: Matthew Dale, Sen. Terry Gauthier, Hon. Greg Pinksi, Hon. David Carter, Hon. Winona Tanner, Dan McLean, and Georgette Boggio. Others Present: Crystine Miller, Niki Zupanic, Abby St. Lawrence, Derrek Shepherd, Ann Goldes-Sheahan, Nolan Harris, Sarah McClain, John Mudd, Debbie Steigerwalt, Patty Fain, Beth McLaughlin, and Krista Partridge. Call to Order: 10:05 a.m. Justice Baker asked for comments or corrections on the December meeting minutes. There were no comments or corrections. Aimee Grmoljez moved to approve the December minutes and Alison Paul seconded the motion. The December minutes were adopted with no objections. Self-Represented Litigants Committee Report Ann Goldes-Sheahan reported that the fee waiver form is final and has been published in the rules. She added that it is being used and that court personnel are generally happy with the form. She thanked Amy Hall and Stuart Segrest for their work in drafting the form and getting it approved and published. Justice Baker said that she will be presenting at an upcoming meeting of the Courts of Limited Jurisdiction and will highlight the form. Ann said that Nolan Harris, who is now the chair of the Education and Outreach Subcommittee, is working on training materials for the clerks, and that subcommittee member Sarah McClain has also worked hard on promoting the new form. Ann stated that the Forms Subcommittee is drafting procedures for the development and maintenance of court forms. Abby St. Lawrence reported that the warden at the Women’s Prison mentioned that, due to limited internet access, forms that are not printable don’t work for the prisoners. Nolan Harris responded that all the forms, even those that have been automated, are printable and added that he will reach out to assist the prison warden. Alison Paul said that at some point the links to the printable family law forms had dropped off the website, but that this has since been fixed. Sarah McClain said that prisoners often request forms from the State Law Library and said that she would also reach out to the prison warden. Law School Partnerships Committee Debbie Steigerwalt reported that the committee is still seeking Commissioners to become members. The last meeting of the committee was a strategic planning session and included law
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school faculty and staff. She added that the next meeting of the committee will be on April 11 and that they’ve moved the regular meeting time to noon in order to facilitate more involvement. Debbie also reported that the Montana Justice Foundation awarded funds for the Pro Bono Incubator program and that Hannah Cail has been hired as the program coordinator. Justice Baker noted that committee member Jessica Fehr may not be able to continue on the committee due to her recent appointment as District Judge in Yellowstone County. Justice Baker said that she would follow up with Judge Fehr. Policy and Resources Committee Update Niki Zupanic reported that the presentation to the Law and Justice Interim Committee went well and that a link to the presentation is included in the meeting materials. The goal of the one-hour presentation was to make sure that the committee members were exposed to the breadth of issues that the Access to Justice Commission is addressing. Niki added that the public forum video was used as an introduction and was well-received by the committee. She said that the members had questions about civil legal aid funding and about increasing pro bono participation. Justice Baker added that she met with Scott Sales following the hearing and plans to follow up with every member of the committee. Abby St. Lawrence said that the Billings legislators she’s spoken to want to hear about the economic impact of civil legal aid funding and would like to hear directly from businesses, judges, and those who will be paying the increased fees. Justice Baker said that we haven’t approached any legislators about carrying the funding bill in the next session, and Abby suggested that we should approach Sen. McDonald or Sen. Fitzpatrick. Niki stated that a working group has been created to prepare resources for the next legislative effort, including an explanation of how the money would be used, a rough outline of the budget, and guidelines on how the money would be granted. Justice Baker added that grant-making guidelines will be presented for Commission approval at the June meeting. Working Group on Civil Legal Issues for Domestic Violence Survivors Alison Paul reported that the working group held their first in-person meeting in January and formed sub-groups to focus on specific issues: Orders of Protection, Procedural Justice, and Policy Issues. She added that the sub-groups are seeking members. The meeting materials include drafts of a grant-funded DV service-provider map and a list of organizations providing grant funded civil legal aid to DV survivors in Montana. She noted that the darker colored areas on the map indicate direct grant funded services and the lighter colors indicate services supported by Supreme Court Filing Fee funds. Alison thanked Brandi Ries, Diana Garrett and Mel Fisher for their work in getting this initiative started. Justice Baker asked if the map could include the number of full-time equivalent staff who provide civil legal aid to DV survivors. Nolan asked if the list can be used for referrals. Alison replied that the map and list are still in draft form, but the final list can definitely be used to make referrals. She asked for input on any other information that would be helpful to include. Justice Baker said that she’d like to share the map and list at the upcoming Courts of Limited Jurisdiction meeting. Alison also clarified that the dotted areas on the map indicate that more than one grant-funded service provider is active in the area. Update on Congressional Meetings and NLADA Conference Alison Paul reported that she and MLSA Board President Andy Patten, along with MLSA Development Director Michelle Potts, met with members of Montana’s Congressional delegation in Washington D.C. in conjunction with the National Legal Aid & Defender Association
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(NLADA) annual meeting. She reminded the group that MLSA is strictly prohibited from lobbying and we were there to provide information and education only. Alison stated that the group received a positive reception from each office and that MLSA is in the process of visiting all of the local Congressional offices to provide information to staff on how to make referrals for constituents. Alison also said that funding for the Legal Services Corporation (LSC) is not included in the Trump Administration’s 2019 budget, but that NLADA is once again organizing stakeholders across the country to demonstrate the broad, bi-partisan support for legal services funding. She added that we still don’t know what the 2018 appropriation will be for LSC, but the bigger challenge will likely come in the next couple of years. Finally, Alison reported that due to reductions in funding, MLSA recently laid off two staff attorneys and two part-time office assistants. She said that a 2016 Cy pres award had sustained MLSA through stagnant and declining funding in 2017, but that MLSA will now be faced with more difficult budget and staffing decisions. Pro Bono Update Patty Fain passed out the results of the annual pro bono survey and provided an overview of the results. She noted a significant increase in the number of attorneys reporting and the number of pro bono hours reported, but no corresponding increase in those reporting zero hours of pro bono service. She pointed out that one-third of the licensed attorneys in Montana will be retiring in the next 5 years, and that the longer an attorney has been in practice, the more likely he/she is to do pro bono service. Patty said that in light of these statistics, it will be very important to recruit newer attorneys to do pro bono service. Justice Baker said that the Court will issue a press release regarding the report and the data will be very useful in discussions with legislators. She thanked Patty, Ann, Sam Alpert, and the State Bar staff for their efforts. Law School Pro Bono Program Dean Kirgis said that the recently established Law School Pro Bono Program has been two years in the making, and that the goal of the program is to make pro bono service a primary emphasis for law students. He added that Professor Jordan Gross was a driving force in bringing this program to fruition. The program incentivizes pro bono service by creating recognition awards for pro bono hours served during each year of law school, and law school career awards will include transcript honors notations and graduation ceremony announcements of “Pro Bono Honors”. Dean Kirgis said that the next goal is to involve faculty and staff, and thus the law school has filed a petition with the Supreme Court to admit law school faculty to the State Bar of Montana for the purpose of performing pro bono service. He asked for the Commission’s support for this petition. Justice Baker noted that the petition was just delivered to the Court and has not been posted for public comment yet. Dean Kirgis also reported that he has been working with the head of the paralegal program at Missoula College to develop opportunities for paralegal students at the Self Help Law Centers and elsewhere throughout the community. Dean Kirgis said that he is willing to participate and facilitate an initiative to better utilize paralegal resources across the state, but that a leader is needed to spearhead the effort. Justice Baker suggested that the Law School Partnership Committee or the Justice Initiatives Committee might be good candidates to lead this effort. Alison Paul mentioned that she and Angie Wagenhals have been thinking about this issue and would be happy to meet with Derrek Shepherd and the Law School Partnership Committee to discuss ideas.
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Strategic Planning Committee Update Niki Zupanic thanked the members of the committee for their work on the draft of the revised Strategic Plan that was included in the meeting materials. She asked for feedback from the Commission on how to prioritize the various activities outlined in the plan, and specifically asked Commission members to decide whether the top 3-4 feasible and high-impact priority activities identified by the committee are appropriate. Aimee Grmoljez asked for more context on the statement of purpose, particularly the reference to enhancing the quality of justice. Niki replied that the broad language was meant to keep the statement of purpose succinct, but that measurements of quality could include timeliness and fairness. Justice Baker said that “quality” might not be the best word, but that it could get messy to start a long list of the attributes of quality civil legal justice. Abby St. Lawrence recommended the word “efficacy” to replace “quality” in the statement of purpose. Aimee added that our goal with the statement of purpose should be to attract and engage people with a legal background, and so we need to be clear and precise in our wording. Melanie Reynolds suggested that a list of core values could help add detail to the statement of purpose while preserving the simplicity of the statement itself. Niki stated that the focus areas and objectives were retained from the 2013 plan, and asked if there were any suggestions for changes. Aimee commented that the focus areas and objectives seem to align well with the statement of purpose. Niki explained that the committee reviewed the strategies and activities under each focus area from the 2013 Strategic Plan, removed those that had been accomplished, and added additional items that came out of the public forum series and other state plans. The committee then pared down the list to those strategies and activities that they felt could reasonably be accomplished within the 3-year time frame of the new strategic plan. Niki noted that the strategies and activities in bold-face type in the draft plan were identified as the top priorities by the committee. Aimee asked to see the list of strategies and activities that were checked off as accomplished, and Justice Baker replied that the list will be sent out to the Commission. Aimee noted that Item 2 under the Access focus area (Develop and maintain mechanisms for linking Montanans who have legal problems with the programs, attorneys, and service providers who may be able to assist with their particular issues in their community) is correctly identified as a top priority. Aimee added that she would like to see Items 3 and 4 under the Education focus area (Facilitate partnerships with and among agencies and organizations to address the relationships between civil legal needs and non-legal needs and Coordinate with local bar associations and the State Bar Justice Initiatives Committee on recruitment and recognition of pro bono attorneys) be changed to top priorities because they would help with the legislative funding effort by demonstrating economic impact and efficiencies. Under the Resource Development focus area, Aimee asked what joint projects have been identified for grant funding and collaboration with stakeholders. Alison Paul offered the example of the Emeritus Pro Bono Program funding application that is currently being developed by MLSA along with partners at the State Bar and Court Administrator and Montana Justice Foundation. Niki added that the strategy leaders listed for each strategy and activity are meant as a starting point and not necessarily an assignment of responsibility. Nolan Harris suggested that MLSA should be listed as a strategy leader under Item 1 in the Access focus area (Create a mechanism for the ongoing development, review, and updating of standardized, plain-language forms and instructions for use by self-represented litigants). Ann Goldes-Sheahan suggested that once the
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overhaul of the State Bar’s Lawyer Referral Service is complete, it might be a more appropriate leader for Item 2 under the Coordination focus area (Develop and maintain mechanisms for linking Montanans who have legal problems with the programs, attorneys, and service providers who may be able to assist with their particular issues in their community). Justice Baker thanked Niki for leading the strategic planning process. Niki reminded the group to please email her with any additional comments or suggestions. Public Comment and Next Meeting Dates Justice Baker asked for public comment. There was no public comment. Justice Baker said that the next meeting will take place on June 8, and noted that morning meetings may not work well for many members of the Commission. A poll will be sent out requesting feedback on preferred meeting times. The meeting was adjourned at 11:47 a.m.
Tab 2
Law School Partnerships Committee (LSPC)June 2018 Report to ATJC
1. Membership and Composition. The LSPC continues its interest in adding ATJC membersand two law students to the LSPC. Please note the new email address for Judge Fehr. Thecurrent composition of the LSPC is:
Debra SteigerwaltChair; Strategic Planning CommitteeMember
Prof. Hillary WandlerAlexander Blewett III School of Law
Hon. Leslie HalliganATJC Committee Member; Montana State BarPresident; 4th Judicial District Court Judge
Niki ZupanicMontana Justice Foundation
[email protected]: Crystine Miller ([email protected])
Patty FainState Court Pro Bono Coordinator
Jessica Walker-KeleherExec Dir. CDRC of Missoula County
[email protected]@cdrcmissoula.org
Kate EllisState Bar Trustee
Diana GarrettMontana Legal Services
Shannon HathawayMontana Legal Justice; Member of NewLawyers Section
Angie WagenhallsMontana Legal Services
Jessica FehrDistrict Judge, 13 Judicial Dist. Court
Stefan KolisWestern Montana practitioner; former studentmember
2. Last Meeting. The LSPC held its last meeting as a teleconference on April 11, 2018 and themeeting was continued to April 18, 2018 because of poor attendance. At the April 18th meeting,the LSPC reviewed the following proposed strategic activities for the LSPC over the next fewyears and developed action items to begin addressing the activities:
Strategies and Activities Strategy LeaderAccess Objective Strategy & Activity # 5 Evaluateand recommend policies to enable remote access tothe court system, allowing litigants, legal aid, andpro bono attorneys greater access to the courtsystem
Self-Represented Litigants CommitteeLaw School Partnerships Committee Office of Court Administrator
Coordination Objective Strategy & Activity # 1Support innovative programs among stakeholders,such as incubator programs and expanding statewidepro bono and limited scope opportunities for lawstudents
Law School Partnerships CommitteeState Pro Bono ProgramMontana Legal Services AssociationState Bar of Montana
Please see the attached notes from the meeting.
3. Next Meeting. The next meeting of the LSPC will be held on Wednesday, July 11, 2018 @noon by teleconference. Please note that this represents a change from our teleconferences in2017, which were held at 10:00 am.
4. Projects. Please see the attached notes from the LSPC’s April 18th meeting and thesesubsequent updates, if any:
a. Law School Pro Bono Coordinator Project (LSPC Members: Debra, Hillary, Patty,Angie). The law school’s last Family Law Clinic of the academic year will be June 6, 2018. Thelaw school would welcome help in recruiting other attorney volunteers who would enjoymentoring and teaching law students at the monthly family law clinic. The law school andMTLSA have coordinated with the paralegal program to have paralegal students participate indocument collection and organization at the family law clinic. Professor Wandler will continueas the Faculty Supervisor for the Law School Pro Bono Coordinator through the summer andProfessor Gross anticipates returning to the supervisory position in the fall. Jane Fisher’sAmeriCorps term as Law School Pro Bono Coordinator ends this August. Professors Gross andWandler are in the process of interviewing applicants for the upcoming academic year.
b. Veteran’s Advocacy Clinic Opportunities - (Professor Wandler, Patty Fain, and BruceFain). No further update.
c. Law School Rural Incubator Project (RIPL)- Working Group with MTLSA andMontana State Bar. (LSPC Members: Debra, Hillary, Patty, Niki, Shannon). Hannah Cail isnow officially the RIPL Staff Attorney and Coordinator. The RIPL Working Group will bemeeting in Missoula on Thursday, June 7th.
d. Landlord Tenant Subcommittee. (LSPC Members: Shannon (chair), Stefan, Patty,Angie). No further update.
e. Missoula Self-Help Center Subcommittee (LSPC Members: Debra, Hillary, Shannon,and Stefan). No further update.
f. End of Life Document Clinic Support at Law School: (LSPC Member: Stefan). Nofurther update.
5. Developments with Respect to April 18th, 2018 Action Items:a. Patty and Shannon are in the process of developing the materials that demonstrates the
LSPC’s functions, activities, and affiliates.
b. Debra reached out to JIC about collaboration on the proposed strategic planningactivity related to leveraging technology.
c. On May 31, 2018, the Strategic Planning Committee Meeting recommended that theLaw School be added as an additional strategy leader to each action item in which the LSPC wasa strategy leader. The Strategic Planning Committee also recommended that the LSPC be addedas an additional (non-lead) strategy leader with respect to the following proposed activities:
Strategies and ActivitiesAccess Objective & Coordination Objective Strategy & Activity # 2 Develop and maintainmechanisms for linking Montanans who have legal problems with the programs, attorneys, andservice providers who may be able to assist with their particular issues in their communityAccess Objective Strategy & Activity # 9Support and promote pro bono attorneys providing services to low-income MontanansAccess Objective Strategy & Activity # 10Foster models for mediation and other alternative dispute resolution services programs
Tab 3
Montana Access to Justice Commission Civil Legal Aid Account
A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING THE CIVIL LEGAL AID ACCOUNT; INCREASING FEES FOR CERTAIN FILINGS IN DISTRICT COURT; PROVIDING A STATUTORY APPROPRIATION FOR COSTS OF PROVIDING CIVIL LEGAL AID TO PERSONS OF LIMITED MEANS; AMENDING SECTIONS 3-1-702, 3-2-714, 17-7-502, 25-1-201, 25-9-506, AND 44-7-202, MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE.” BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Civil legal aid account. (1) There is a civil legal aid account in the state special revenue fund. The revenue in the account must be used solely to provide legal assistance or alternative dispute resolution to persons of limited means in civil legal matters. Programs funded by the account are intended to improve court efficiency, reduce delays, and help all court users save time and money by resolving their disputes more quickly.
(2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. To be eligible to receive funds from the account, a service provider must be a tax-exempt organization and be one of the following:
(a) A 501(c)(3) non-profit organization in operation for at least one year that ordinarily renders or finances legal services to indigent persons in civil matters or has a primary focus of coordinating volunteer or reduced-fee legal services to provide attorney representation to Montanans of limited means;
(b) A legal aid clinic of an accredited law school operating exclusively in Montana; or
(c) A court-connected mediation program attached to a district court or a justices court.
(3) Money disbursed from the account cannot be used to bring a suit against the State of Montana or other governmental entity; acquire land or buildings; provide legal advice or representation on criminal matters; support lobbying, as defined by § 5-7-102(11), MCA; or pay attorneys employed by private law firms.
(4) Money in this account is statutorily appropriated, as provided in 17-7-502, to the office of the court administrator for purposes provided in subsection (1).
Section 2. Section 3-1-702, MCA, is amended to read:
3-1-702. Duties. The court administrator is the administrative officer of the court. Under the direction of the supreme court, the court administrator shall:
(1) prepare and present judicial budget requests to the legislature, including the costs of the state-funded district court program;
(2) collect, compile, and report statistical and other data relating to the business transacted by the courts and provide the information to the legislature on request;
(3) to the extent possible, provide that current and future information technology applications are coordinated and compatible with the standards and goals of the executive branch as expressed in the state strategic information technology plan provided for in 2-17-521;
(4) recommend to the supreme court improvements in the judiciary;
(5) administer legal assistance for indigent victims of domestic violence, as provided in 3-2-714;
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(6) administer civil legal assistance for persons of limited means, as provided in [section 1];
(6)(7) administer state funding for district courts, as provided in chapter 5, part 9;
(7)(8) administer and report on the child abuse and neglect court diversion pilot project provided
in 41-3-305;
(8)(9) administer the pretrial program provided for in 3-1-708;
(9)(10) administer the judicial branch personnel plan; and
(10)(11) perform other duties that the supreme court may assign.
Section 3. Section 17-7-502, MCA, is amended to read:
"17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-17-105; [section
1]; 5-11-120; 5-11-407; 5-13-403; 7-4-2502; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-2-807;
10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-3-1304; 10-4-301; [10-4-304;] 15-1-121; 15-1-218; 15-
35-108; 15-36-332; 15-37-117; 15-39-110; 15-65-121; 15-70-101; 15-70-130; 15-70-433; 16-11-119;
16-11-509; 17-3-106; 17-3-112; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-7-215; 18-11-112; 19-3-
319; 19-3-320; 19-6-404; 19-6-410; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-
506; 19-20-604; 19-20-607; 19-21-203; 20-8-107; 20-9-534; 20-9-622; 20-9-905; 20-26-617; 20-26-
1503; 22-1-327; 22-3-116; 22-3-117; 22-3-1004; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301;
23-7-402; 30-10-1004; 37-43-204; 37-50-209; 37-51-501; 37-54-113; 39-71-503; 41-5-2011; 42-2-
105; 44-4-1101; 44-12-213; 44-13-102; 50-1-115; 53-1-109; 53-6-148; 53-6-1304; 53-9-113; 53-24-
108; 53-24-206; 60-11-115; 61-3-321; 61-3-415; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-
214; 75-11-313; 75-26-308; 76-13-150; 76-13-416; 76-17-103; 76-22-109; 77-1-108; 77-2-362; 80-2-
222; 80-4-416; 80-11-518; 80-11-1006; 81-1-112; 81-1-113; 81-7-106; 81-10-103; 82-11-161; 85-20-
1504; 85-20-1505; [85-25-102]; 87-1-603; 90-1-115; 90-1-205; 90-1-504; 90-3-1003; 90-6-331; and 90-9-306.
(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements
authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-
101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments.(In
subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement system's unfunded liability is 10 years or less; pursuant to sec. 10, Ch. 10, Sp. L. May 2000, secs. 3 and 6, Ch. 481, L. 2003, and
sec. 2, Ch. 459, L. 2009, the inclusion of 15-35-108 terminates June 30, 2019; pursuant to sec. 73,
Ch. 44, L. 2007, the inclusion of 19-6-410 terminates contingently upon the death of the last recipient
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eligible under 19-6-709(2) for the supplemental benefit provided by 19-6-709; pursuant to sec. 6, Ch.
61, L. 2011, the inclusion of 76-13-416 terminates June 30, 2019; pursuant to sec. 11(2), Ch. 17, L.
2013, the inclusion of 17-3-112 terminates on occurrence of contingency; pursuant to sec. 27, Ch.
285, L. 2015, and sec. 1, Ch. 292, L. 2015, the inclusion of 53-9-113 terminates June 30, 2021;
pursuant to sec. 6, Ch. 291, L. 2015, the inclusion of 50-1-115 terminates June 30, 2021; pursuant to
sec. 28, Ch. 368, L. 2015, the inclusion of 53-6-1304 terminates June 30, 2019; pursuant to sec. 5,
Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on occurrence of contingency; pursuant to
sec. 5, Ch. 422, L. 2015, the inclusion of 17-7-215 terminates June 30, 2021; pursuant to sec. 6, Ch.
423, L. 2015, the inclusion of 22-3-116 and 22-3-117 terminates June 30, 2025; pursuant to sec. 10,
Ch. 427, L. 2015, the inclusion of 37-50-209 terminates September 30, 2019; pursuant to sec. 33,
Ch. 457, L. 2015, the inclusion of 20-9-905 terminates December 31, 2023; pursuant to sec. 12, Ch. 55, L. 2017, the inclusion of 37-54-113 terminates June 30, 2023; pursuant to sec. 4, Ch. 122, L.
2017, the inclusion of 10-3-1304 terminates September 30, 2025; pursuant to sec. 55, Ch. 151, L.
2017, the inclusion of 30-10-1004 terminates June 30, 2021; pursuant to sec. 1, Ch. 213, L. 2017,
the inclusion of 90-6-331 terminates June 30, 2027; pursuant to secs. 5, 8, Ch. 284, L. 2017, the
inclusion of 81-1-112, 81-1-113, and 81-7-106 terminates June 30, 2023; pursuant to sec. 1, Ch.
340, L. 2017, the inclusion of 22-1-327 terminates July 1, 2023, and pursuant to sec. 2, Ch. 340, L. 2017, and sec. 32, Ch. 429, L. 2017, is void for fiscal years 2018 and 2019; pursuant to sec. 31(2),
Ch. 367, L. 2017, the inclusion of 10-4-301 terminates July 1, 2018, and the inclusion of 10-4-304 is
effective July 1, 2018; and pursuant to sec. 10, Ch. 374, L. 2017, the inclusion of 76-17-103 terminates June 30, 2027.)
Section 4. Section 25-1-201, MCA, is amended to read:
“25-1-201. Fees of clerk of district court. (1) The clerk of district court shall collect the following
fees:
(a) at the commencement of each action or proceeding, except a petition for dissolution of marriage,
from the plaintiff or petitioner, $90 170; for filing a complaint in intervention, from the intervenor, $80 170;
for filing a petition for dissolution of marriage, $170; for filing a petition for legal separation, $150; and for
filing a petition for a contested amendment of a final parenting plan, $120;
(b) from each defendant or respondent, on appearance, $60 100;
(c) on the entry of judgment, from the prevailing party, $45;
(d) (i) except as provided in subsection (1)(d)(ii), for preparing copies of papers on file in the clerk's
office in all criminal and civil proceedings, $1 a page for the first 10 pages of each file, for each request,
and 50 cents for each additional page;
(ii) for a copy of a marriage license, $5, and for a copy of a dissolution decree, $10;
(iii) for providing copies of papers on file in the clerk's office by facsimile, e-mail, or other electronic
means in all criminal and civil proceedings, 25 cents per page;
(e) for each certificate, with seal, $2;
(f) for oath and jurat, with seal, $1;
(g) for a search of court records, $2 for each name for each year searched, for a period of up to 7
years, and an additional $1 for each name for any additional year searched;
(h) for filing and docketing a transcript of judgment or transcript of the docket from all other courts, the
fee for entry of judgment provided for in subsection (1)(c);
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(i) for issuing an execution or order of sale on a foreclosure of a lien, $5;
(j) for transmission of records or files or transfer of a case to another court, $5;
(k) for filing and entering papers received by transfer from other courts, $10;
(l) for issuing a marriage license, $53;
(m) on the filing of an application for informal, formal, or supervised probate or for the appointment of a
personal representative or the filing of a petition for the appointment of a guardian or conservator, from
the applicant or petitioner, $70, which includes the fee for filing a will for probate;
(n) on the filing of the items required in 72-4-303 by a domiciliary foreign personal representative of the
estate of a nonresident decedent, $55;
(o) for filing a declaration of marriage without solemnization, $53;
(p) for filing a motion for substitution of a judge, $100;
(q) for filing a petition for adoption, $75;
(r) for filing a pleading by facsimile or e-mail in all criminal and civil proceedings, 50 cents per page.
(2) Except as provided in subsections (3) and (5) through (7 9) fees collected by the clerk of district
court must be deposited in the state general fund as specified by the supreme court administrator.
(3) (a) Of the fee for filing a petition for dissolution of marriage, $5 must be deposited in the children's
trust fund account established in 52-7-102, $19 must be deposited in the civil legal assistance for indigent
victims of domestic violence account established in 3-2-714, and $30 must be deposited in the partner
and family member assault intervention and treatment fund established in 40-15-110.
(b) Of the fee for filing a petition for legal separation, $5 must be deposited in the children's trust fund
account established in 52-7-102 and $30 must be deposited in the partner and family member assault
intervention and treatment fund established in 40-15-110.
(4) If the moving party files a statement signed by the nonmoving party agreeing not to contest an
amendment of a final parenting plan at the time the petition for amendment is filed, the clerk of district
court may not collect from the moving party the fee for filing a petition for a contested amendment of a
parenting plan under subsection (1)(a).
(5) Of the fee for filing an action or proceeding, except a petition for dissolution of marriage, $9 must
be deposited in the civil legal assistance for indigent victims of domestic violence account established in
3-2-714 and $80 must be deposited in the state special revenue account established in [Section 1].
(6) Of the fee for filing a complaint in intervention, $90 must be deposited in the state special revenue
account established in [Section 1].
(7) Of the fee collected on appearance from each defendant or respondent, $40 must be deposited in
the state special revenue account established in [Section 1].
(6) (8) The fees collected under subsections (1)(d), (1)(g), (1)(j), and (1)(r) must be deposited in the
county district court fund. If a district court fund does not exist, the fees must be deposited in the county
general fund to be used for district court operations.
(7) (9) Of the fee for issuance of a marriage license and the fee for filing a declaration of marriage
5
without solemnization, $13 must be deposited in the domestic violence intervention account established
by 44-4-310, and $10 must be deposited in the county district court. If a district court fund does not exist,
the fees must be deposited in the county general fund to be used for district court operations.
(8) (10) Any filing fees, fines, penalties, or awards collected by the district court or district court clerk
not otherwise specifically allocated must be deposited in the state general fund.”
Section 6. Section 25-9-506, MCA, is amended to read:
“25-9-506. Fees. (1) Except as provided for in subsection (2), a person filing a foreign judgment shall
pay to the clerk of court a fee of $60 100, of which $40 must be deposited in the state special revenue
account established in [Section 1].
(2) Fees for docketing, transcription, or other enforcement proceedings must be as provided for
judgments of the district court.
(3) Fees collected by the clerk of district court not otherwise specifically allocated must be forwarded to
the department of revenue for deposit in the state general fund.”
Section 7. Section 44-7-202, MCA, is amended to read:
“44-7-202. Domestic violence intervention account -- administration by board of crime
control. (1) There is a domestic violence intervention account in the state special revenue fund in
the state treasury. There must be paid into this account the designated filing fees paid under 25-1-
201(7) to the clerk of the district court. The money deposited in the account must be used for
services provided under 44-7-201.
(2) Funds deposited in the account may be expended by the Montana board of crime control, as
provided for in 2-15-2306, to fund services and activities under and payment of administrative costs
of the domestic violence intervention program provided for in 44-7-201.
Section 8. Reporting. The supreme court administrator shall submit a report to the Law and Justice
Interim Committee on or before September 30, 2023, documenting the amount of revenue deposited in
the state special revenue account established in [Section 1], the amount of funds distributed pursuant to
[Section 1], and the nonprofit organizations to which funds were distributed. The report shall include a
summary of the legal services provided to low income persons by organizations receiving funds under
[Section 1] and information concerning the impact, if any, on court efficiencies and caseloads.
Section 9. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 3,
chapter 2, part 7, and the provisions of Title 3, chapter 2, part 7, apply to [section 1].
6
Section 10. Effective date. [This act] is effective July 1, 2019.
Section 8. Termination. [This act] terminates June 30, 2025.
Draft Protocol for Administration of the
Montana Civil Legal Aid Account
Montana Access to Justice Commission
The Access to Justice Commission’s proposed legislation includes the following language:
The supreme court administrator shall establish procedures for the distribution and
accountability of the money in the account. The supreme court administrator may designate
nonprofit organizations that ordinarily provide or finance legal services to indigent persons in
civil matters to receive or administer the distribution of the funds
A. General Information
The bill proposes to establish a special revenue account (“Account”) funded by a portion of civil court
filing fees to provide funding to civil legal aid programs for Montanans of limited means. The Account
will be administered by the Office of the Court Administrator, who will review all grant applications,
have decision-making authority regarding the number of grantees and the grant award amounts and will
distribute the money. All nonprofit organizations awarded funds must meet all eligibility standards and
criteria established by the Office of the Court Administrator in a Request for Proposals.
For the purposes of the bill, civil legal aid is legal representation or advice for people who cannot afford
to pay for services of a lawyer to help them resolve a legal issue. Civil legal aid also helps people resolve
their legal problems without having to go to court.
Grants should not exceed a period of longer than 12 months.
B. Eligible Services and Objectives
1. Objectives: Programs funded by the Account are intended to improve court efficiency, reduce
delays, and help all court users save time and money by resolving their disputes more quickly. An
additional objective is that civil legal aid will produce economic benefit to clients and their communities
in the form of direct recovery to clients, cost savings, and other indirect benefits, such as child support
payments to domestic violence survivors, medical benefits to people with disabilities, and financial
stability to families.
2. Eligible Services: All disbursements from the Account are for the sole purpose of providing civil
legal services to persons of limited means. Examples of eligible services include, but are not limited to:
outreach; community legal education; legal advice by phone or through use of technology; supportive
services for self-represented litigants; support for volunteer programs that provide civil legal aid;
systems for alternative dispute resolution; representation by staff attorney programs; preparation of
legal forms and instructions; and program management and support which enables an organization to
provide legal services to people of limited means, either directly or through technological means.
3. Ineligible Services or Activities: Money disbursed from the Account cannot be used to:
a. Bring a suit against the State of Montana or other government entities;
b. Acquire land or buildings;
c. Accumulate or transfer grant funds;
d. Provide legal advice or representation on criminal matters;
e. Support lobbying, as defined by § 5-7-102(11), MCA; or
f. Pay attorneys employed by for-profit law firms.
4. Eligible Service Providers: Service providers must be a tax-exempt organization and meet one
of the four following criteria:
a. Must be a 501(c)(3) non-profit organization in operation for at least one year with a mission to
provide a range of free direct legal services to Montanans living at or below the annual federal
poverty level or with a primary focus of coordinating volunteer or reduced-fee legal services to
provide attorney representation to Montanans of limited means;
b. Legal aid clinics of accredited law schools operating exclusively in Montana; or
c. Court-connected mediation programs attached to a district court or a justice’s court.
Eligible service providers must also demonstrate the capacity to cooperate with state and local bar
associations, pro bono programs, private attorneys, and other entities and organizations to increase the
availability of legal services to Montanans of limited means.
C. Application Procedures
Under the direction of the court administrator and pursuant to Montana Procurement Act, the Office of
the Court Administrator will issue Request for Proposals (RFPs) for the award of grants from the
Account. The form and content of the RFP(s) is determined by the Court Administrator, with such
assistance from the Montana Supreme Court Access to Justice Commission as the court administrator
may request. The evaluation criteria used by the court administrator in determining RFP awards will be
contained in the RFP. Civil legal services providers will be selected by the court administrator based on
review and rating of submissions by the court administrator. Service providers will be required to
formalize the award through a Contract with the Court Administrator’s office, as required by state law.
D. Administrative Procedures 1. Funds Disbursements: All funded service providers will be required to adhere to the state
procurement laws, regulations and other procedures established by the Court Administrator’s Office to
ensure that all funds are expended in accordance with state law. The Court Administrator’s Office shall
require an annual accounting from each organization receiving the funds. Funds will be distributed to
recipients as specified in the Contract. Account disbursements must be included in the service
provider’s budget process and financial reports. Account expenditure documentation must be provided
to the Court Administrator’s Office as outlined in the Contract. The court administrator may request
additional oral or written reports from service providers as deemed necessary.
2. Limitations of Funds and Time: All disbursements from the Account are contingent upon
sufficient revenue credited to the Account. Unexpended or unencumbered balances in the Account at the end of the fiscal year remain in the Account to carry out the provisions contained in the Act in the next fiscal year. No grant shall be for a period longer than 12 months.
3. Supplemental Funding: Should additional Account monies become available, the Office of Court
Administrator may call for and act on additional RFPs from eligible service provides.
Civil Legal Aid Account Grant Application Policies and Guidelines
A. Application and Grant Policies
Under the Civil Legal Aid Account Request for Proposals, the proposals must specifically address each
element below.
1. Eligible entities and organizations: Eligible Account recipients must be non-profit organizations
or entities formed as 501(3)(c), legal aid clinics of accredited law schools operating exclusively in
Montana, or court-connected mediation programs attached to a district or justice’s court.
2. Identification of grant recipient: The proposal must identify the entity that will receive and
administer the grant funds.
3. Signatures: Required signatories include the Executive Director of the applying non-profit
entity.
4. Description of deliverables/Executive Summary: Proposals should describe specifically the
activities, projects, and programs with objectives and outcomes that will be funded under the
proposal, and a time-table for those activities.
5. Amount requested and budget: A descriptive budget that includes cost of personnel,
consultants, travel, materials, in-kind contributions, and indirect costs together with a short
narrative for each category must accompany all grant applications.
6. Description of approach: The application should describe how the proposal will meet the needs
outlined in The Account Priorities and Guidelines.
7. Length: The application should be no more than 20 pages.
B. Criteria for Selection
The court administrator will consider a variety of factors when making award decisions, including
the degree to which the proposal meets the objectives outlined in the RFP, combined with priority
special consideration given to proposals addressing the unmet legal needs of underserved and
unserved populations or geographic locations in the following priority purpose areas:
1. Persons served in locations that lack access to legal services; 2. Persons who, by virtue of age, disability, or other demographic barriers, lack the ability to access
or utilize legal services; 3. Programs reaching broadly across the entire state, including those that use technology in
helping Montanans access legal information and resources; 4. Programs facilitating the ability of Montanans of modest means to find attorneys they can
afford; 5. Programs providing services for domestic violence survivors, including orders of protection,
parenting plans, and dissolutions (if applicable); 6. Alternative dispute resolution programs for high-volume self-representation cases such as
family law and landlord-tenant matters;
7. Development of forms and instructional materials for court processes easily made available to and used by self-represented litigants throughout Montana;
8. Programs designed to address civil legal disputes involving monetary damages of $12,000 or less; and
9. Programs that have shown proven success in other jurisdictions and can be tailored for application in Montana.
Tab 4
Tab 5
Rural Incubator Project for Lawyers Empowering innovative new practitioners to provide, protect and enhance access to justice.
A Partnership between: Funded by:
RIPL Program Overview Goals
• Increase services to low and moderate income Montanans and Tribal Members
• Increase services available in rural areas
• Empower new professionals to develop sustainable solo or small firm practices
• Innovate for the future of legal practice in Montana
• Increase pro bono services
Partners
Montana Legal Services Association
• House Staff Attorney & Coordinator
• Provide the Pro Bono Residency to RIPL Fellows with hands-on skills training
• Assist with outreach and referral of clients after residency
Alexander Blewett III School of Law
• Assist with promotion and recruitment for program
• Provide stipend for RIPL Fellows
• Advise on Curriculum and Practicum
State Bar of Montana
• Advise on Curriculum and Practicum
• Assist with promotion and recruitment for program
• Assist with RIPL Fellowship Stipend fundraising
Montana Justice Foundation
• Funding RIPL Staff Attorney & Coordinator salary
• Provide loan repayment assistance to RIPL Fellows
Mentors and Faculty
• Provide mentorship to new attorneys in solo and small firm practice management, substantive law,
and career development
• Facilitate coaching groups
• Advise on Curriculum and Practicum
• Teach coursework and CLE to participants
• Assist with promotion and recruitment for program
RIPL Fellows
• Seek new graduates with less than 5 years of practice experience
• Possibly waive years of practice at discretion of Advisory Board
• Fellows chosen through a competitive selection process
• Seek 2-4 participants in the first year
• Requirements:
Fellows form and operate their own independent solo or small law firm
Commit to a rural community by relocating and establishing a practice there, or by providing
remote services (combination of phone/video and circuit rides)
Commit to maintain 50% modest means clients
Commit to participate in RIPL through roundtables, mentorship, and CLEs
Provide at least 50 pro bono hours per a year as under Rule of Professional Conduct 6.1
Malpractice Insurance
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Rev. 06.01.2018. H:\Program Design\RIPL Summary for A2JC June 2018.05.31.18.docx
• Benefits to Participants
Stipend to cover personal expenses during first 6 months*
Business Training
Monthly Group and Individual Mentorship Meetings
MLSA Pro Bono Residency affords Fellows experience in diverse areas of law and with limited
scope and poverty law
Referrals from MLSA, State Bar Modest Means program, Court Self-Help centers
Low or no-cost shared office space and equipment at MLSA Helena Office
Curriculum & Practicum
Business Bootcamp
• First Month
• Training on establishing a law practice
• Training on alternate fee arrangements
• Assist participants in starting practice:
Create business plan
Assist in procuring start-up capital
Create business entity
Open accounts
MLSA Pro Bono Residency
• Provide 20 hours pro bono services per week during the first year
• Intensive skills training in the delivery of legal services
Limited scope legal assistance
Substantive areas of law training
Client communication
Client representation including court appearances
File management and case documentation
Monthly CLEs
• Free to RIPL Fellows in substantive areas, practice management, and ethics
• Offered to State Bar Members for a fee
Schedule
Year One
• July – August:
Advertise, Recruit & Select Fellows
• September
Business Bootcamp
Establish solo practices
Start MLSA Pro Bono Residency
• October – August
Continue MLSA Pro Bono Residency
Bi-weekly Mentor Group Meeting
Monthly Mentor Individual Meeting
Take referred cases and build practice
Year Two
• September – August (Second Year)
Monthly Mentor Group Meeting
As needed Mentor Individual Meeting
Monthly CLE
Continue to receive referrals
Next Steps
• We seek $25,000 to $30,000 to provide two Fellowship Stipends for first year in program
Ideally offer each participant $10,000 for first 6 months, and $5,000 for second 6 months
• Develop partnerships across Montana, including finding Mentors.